S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  839--A
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              January 9, 2019
                                ___________
 
 Introduced  by Sens. MONTGOMERY, BENJAMIN, BRESLIN, JACKSON, LIU, MARTI-
   NEZ, PARKER, PERSAUD, SEPULVEDA -- read twice and ordered printed, and
   when printed to be committed to the Committee on Labor --  recommitted
   to  the Committee on Labor in accordance with Senate Rule 6, sec. 8 --
   reported favorably from said committee and committed to the  Committee
   on Finance -- committee discharged, bill amended, ordered reprinted as
   amended and recommitted to said committee
 
 AN  ACT  to  amend  the labor law, in relation to enacting the "New York
   state YouthBuild act"; setting program requirements;  authorizing  the
   commissioner  of  labor to make grants to eligible YouthBuild programs
   and to establish application requirements; and to expand the number of
   YouthBuild programs across New York state
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1.  Short  title. This act shall be known and may be cited as
 the "New York state YouthBuild act".
   § 2. Legislative intent. The legislature seeks to support economically
 disadvantaged youth, especially youth who have not finished high school,
 to obtain education and  work  experience  through  occupational  skills
 training,  personal  counseling,  leadership  development, job placement
 assistance, and long-term  follow-up  services  necessary  for  them  to
 achieve  permanent  economic  self-sufficiency,  while  at the same time
 providing valuable community service  that  addresses  urgent  community
 needs including the demand for affordable housing and the need for young
 role models and mentors for younger teenagers and children.
   The  legislature  further intends to foster the development of leader-
 ship skills and a commitment to community development among youth and to
 ensure maximum educational achievement of program  participants  through
 high  school  diploma  or  the  equivalent  attainment and transition to
 institutions of higher education, where appropriate.

  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD00026-02-0
              

 S. 839--A                           2
 
   The legislature further intends to provide communities the opportunity
 to establish or rebuild neighborhood stability in economically depressed
 and low-income areas, as well as historic areas requiring restoration or
 preservation, while providing economically disadvantaged youth and youth
 who  have  not  finished  high  school  an  opportunity for a meaningful
 participation in society.
   The legislature further intends to allow  communities  to  expand  the
 supply  of affordable housing for homeless and other low-income individ-
 uals by utilizing the energies and talents of economically disadvantaged
 youth and young people who have not graduated from high school.
   The legislature also intends to foster the development  of  leadership
 skills and a commitment to community development among youth.
   §  3. The labor law is amended by adding a new section 42-a to read as
 follows:
   § 42-A. YOUTHBUILD; PROGRAM REQUIREMENTS SERVICES.  1. THE COMMISSION-
 ER IS AUTHORIZED, SUBJECT TO AMOUNTS MADE AVAILABLE BY APPROPRIATION, TO
 MAKE GRANTS TO ELIGIBLE APPLICANTS  FOR  THE  PURPOSE  OF  CARRYING  OUT
 YOUTHBUILD  PROGRAMS AS APPROVED UNDER THIS SECTION. ALL PROGRAMS FUNDED
 PURSUANT TO THE PROVISIONS OF THIS SECTION  SHALL  USE  FUNDS  AVAILABLE
 PURSUANT TO THIS SECTION TO PROVIDE THE FOLLOWING SERVICES:
   A.  THE TRAINING COSTS FOR THE REHABILITATION OR CONSTRUCTION OF HOUS-
 ING AND RELATED FACILITIES TO BE  USED  FOR  THE  PURPOSE  OF  PROVIDING
 HOMEOWNERSHIP  FOR  DISADVANTAGED PERSONS, RESIDENTIAL HOUSING FOR HOME-
 LESS INDIVIDUALS, AND LOW-INCOME AND VERY LOW-INCOME FAMILIES, OR  TRAN-
 SITIONAL  HOUSING  FOR  PERSONS WHO ARE HOMELESS, HAVE DISABILITIES, ARE
 ILL, ARE DEINSTITUTIONALIZED, OR HAVE SPECIAL NEEDS,  OR  THE  REHABILI-
 TATION  OR  CONSTRUCTION OF COMMUNITY FACILITIES OWNED BY NOT-FOR-PROFIT
 PUBLIC AGENCIES.
   B. THE COST OF PROVIDING TRAINING AND PLACEMENT IN THE GROWING EMPLOY-
 MENT SECTORS OF  CONSTRUCTION,  AGRICULTURE,  HEALTH  CARE,  INFORMATION
 TECHNOLOGY,  HOSPITALITY/CULINARY, ADVANCED MANUFACTURING AND LOGISTICS,
 AND RETAIL SERVICES.
   C. THE COST OF INTEGRATED EDUCATION AND WORK EXPERIENCE SKILLS  TRAIN-
 ING  SERVICES AND ACTIVITIES WHICH ARE EVENLY DIVIDED WITHIN THE PROGRAM
 SHALL INCLUDE THE FOLLOWING ELEMENTS:
   (1) AN EDUCATION COMPONENT WHICH INCLUDES: BASIC  SKILLS  INSTRUCTION,
 SECONDARY EDUCATION SERVICES, AND OTHER ACTIVITIES DESIGNED TO RESULT IN
 THE  ATTAINMENT  OF A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT. THE CURRIC-
 ULUM FOR THIS COMPONENT SHALL INCLUDE MATH,  LANGUAGE  ARTS,  VOCATIONAL
 EDUCATION,  LIFE SKILLS TRAINING, SOCIAL STUDIES RELATED TO THE CULTURAL
 AND COMMUNITY HISTORY OF THE  STUDENTS,  LEADERSHIP  SKILLS,  AND  OTHER
 TOPICS AT THE DISCRETION OF THE PROGRAMS; AND
   (2) A HANDS-ON WORK EXPERIENCE AND OCCUPATIONAL SKILLS TRAINING COMPO-
 NENT PRE-APPRENTICESHIP PROGRAM THAT INCLUDES CONSTRUCTION AND REHABILI-
 TATION  ACTIVITIES  DESCRIBED  IN  PARAGRAPH  A OF THIS SUBDIVISION. THE
 PROCESS OF CONSTRUCTION MUST BE COUPLED WITH  HANDS-ON  WORK  EXPERIENCE
 SKILLS TRAINING AND WITH CLOSE ON-SITE SUPERVISION BY EXPERIENCED TRAIN-
 ERS.  THE  CURRICULUM  FOR THIS COMPONENT SHALL CONTAIN A SET OF LOCALLY
 AGREED UPON SKILLS AND COMPETENCIES THAT ARE SYSTEMATICALLY TAUGHT, WITH
 STUDENTS' MASTERY ASSESSED INDIVIDUALLY ON  A  REGULAR,  ONGOING  BASIS.
 THE  HANDS-ON  WORK  EXPERIENCE  AND  SKILLS TRAINING COMPONENT SHALL BE
 COORDINATED TO  THE  MAXIMUM  EXTENT  FEASIBLE  WITH  PRE-APPRENTICESHIP
 PROGRAMS,  AND  APPRENTICESHIP PROGRAMS AUTHORIZED UNDER ARTICLE TWENTY-
 THREE OF THIS CHAPTER.
   D. THE COST OF COUNSELING SERVICES DESIGNED TO ASSIST PARTICIPANTS  TO
 POSITIVELY  PARTICIPATE  IN  SOCIETY,  WHICH  SHOULD  INCLUDE ALL OF THE

 S. 839--A                           3
 
 FOLLOWING IF NECESSARY: OUTREACH, ASSESSMENT, AND ORIENTATION;  INDIVID-
 UAL  AND  PEER  COUNSELING; LIFE SKILLS TRAINING; DRUG AND ALCOHOL ABUSE
 EDUCATION AND PREVENTION; AND REFERRAL  TO  APPROPRIATE  DRUG  REHABILI-
 TATION,  MEDICAL,  MENTAL HEALTH, LEGAL, HOUSING, AND OTHER SERVICES AND
 RESOURCES IN THE COMMUNITY.
   2. A TRAINING SUBSIDY, LIVING ALLOWANCE, OR STIPEND THAT SHALL  BE  NO
 LESS  THAN MINIMUM WAGE MUST BE PROVIDED TO PROGRAM PARTICIPANTS FOR THE
 TIME SPENT AT THE WORKSITE IN  CONSTRUCTION  TRAINING,  HEALTH  CARE  OR
 INFORMATION TECHNOLOGY, HOSPITALITY/CULINARY, ADVANCED MANUFACTURING AND
 LOGISTICS, AND RETAIL SERVICES. STIPENDS AND WAGES MAY BE DISTRIBUTED IN
 A MANNER THAT OFFERS INCENTIVES FOR GOOD PERFORMANCE.
   A.  FULL-TIME  PARTICIPATION  IN A YOUTHBUILD PROGRAM SHALL BE OFFERED
 FOR A PERIOD OF NOT LESS THAN SIX MONTHS AND NOT MORE  THAN  TWENTY-FOUR
 MONTHS.
   B.  A  CONCENTRATED  EFFORT,  FOR THOSE PARTICIPANTS WHO CHOOSE NOT TO
 IMMEDIATELY ENROLL IN AN INSTITUTION OF HIGHER EDUCATION, SHALL BE  MADE
 TO  FIND CONSTRUCTION, CONSTRUCTION-RELATED, AND NONCONSTRUCTION JOBS IN
 THE FIELDS OF HEALTH CARE, INFORMATION TECHNOLOGY, HOSPITALITY/CULINARY,
 ADVANCED MANUFACTURING AND LOGISTICS, AND RETAIL SERVICES FOR ALL GRADU-
 ATES OF THE PROGRAM WHO HAVE PERFORMED WELL. THE HANDS-ON  WORK  EXPERI-
 ENCE  SKILLS  TRAINING  CURRICULUM SHALL PROVIDE PARTICIPANTS WITH BASIC
 PREPARATION FOR SEEKING AND MAINTAINING A JOB. FOLLOW-UP COUNSELING  AND
 ASSISTANCE IN JOB-SEEKING SHALL ALSO BE PROVIDED TO PARTICIPANTS FOR THE
 TWELVE MONTHS FOLLOWING GRADUATION FROM THE PROGRAM.
   C.  ALL PROGRAMS SERVING TWENTY-EIGHT TRAINEES OR MORE ARE REQUIRED TO
 HAVE A FULL-TIME  DIRECTOR  RESPONSIBLE  FOR  THE  COORDINATION  OF  ALL
 ASPECTS OF THE YOUTHBUILD PROGRAM.
   3.  A. ELIGIBLE PARTICIPANTS ARE YOUTH BETWEEN THE AGES OF SIXTEEN AND
 TWENTY-FOUR WHO ARE ECONOMICALLY DISADVANTAGED AS DEFINED IN  29  UNITED
 STATES CODE 1503, AND WHO ARE PART OF ONE OF THE FOLLOWING GROUPS:
   (1)  PERSONS  WHO ARE NOT ATTENDING ANY SCHOOL AND HAVE NOT RECEIVED A
 SECONDARY SCHOOL DIPLOMA OR ITS EQUIVALENT; OR
   (2) PERSONS CURRENTLY ENROLLED IN A TRADITIONAL OR ALTERNATIVE  SCHOOL
 SETTING  OR A HSE/TASC (HIGH SCHOOL EQUIVALENCY/TEST ASSESSING SECONDARY
 COMPLETION) PROGRAM AND WHO ARE IN DANGER OF DROPPING OUT OF SCHOOL; OR
   (3) VERY LOW-INCOME PERSONS WHOSE INCOMES ARE AT OR  LESS  THAN  FIFTY
 PERCENT  OF  THE  AREA  MEDIAN INCOME AREA, ADJUSTED FOR FAMILY SIZE, AS
 ESTIMATED BY THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT.
   B. AN EXCEPTION MAY BE MADE FOR  INDIVIDUALS  NOT  MEETING  INCOME  OR
 EDUCATIONAL  NEED REQUIREMENTS. NOT MORE THAN TWENTY-FIVE PERCENT OF THE
 PARTICIPANTS IN SUCH PROGRAM MAY BE INDIVIDUALS  WHO  DO  NOT  MEET  THE
 REQUIREMENTS OF THIS SUBDIVISION, BUT WHO HAVE EDUCATIONAL NEEDS DESPITE
 THE ATTAINMENT OF A HIGH SCHOOL DIPLOMA.
   4. PRIORITY IN THE AWARDING OF FUNDS UNDER THIS SECTION SHALL BE GIVEN
 TO  APPLICANTS  WITH  EXPERIENCE  IN  OPERATING  YOUTHBUILD PROGRAMS AND
 IMPLEMENTING THE YOUTHBUILD MODEL, INCLUDING BUT NOT LIMITED TO, HOUSING
 CONSTRUCTION SKILLS TRAINING, EDUCATION,  LEADERSHIP  DEVELOPMENT,  LIFE
 SKILLS  TRAINING,  AND COUNSELING SERVICES. PRIORITY SHALL ALSO BE GIVEN
 TO THOSE WHO MEET THE PROGRAM STANDARDS AS DEFINED BY THE UNITED  STATES
 DEPARTMENT  OF  LABOR  AND  ADOPTED BY THE DEPARTMENT AS THE PERFORMANCE
 STANDARDS FOR AGENCIES AWARDED THESE FUNDS.
   5. ANY NOT-FOR-PROFIT PRIVATE AGENCIES, OR PUBLIC AGENCIES WITH  EXPE-
 RIENCE  OPERATING  A  YOUTHBUILD  PROGRAM  OR  WITH A PLAN TO INCUBATE A
 YOUTHBUILD PROGRAM UNTIL IT  CAN  BE  ESTABLISHED  AS  A  NOT-FOR-PROFIT
 PRIVATE  AGENCY ARE ELIGIBLE ENTITIES. ONLY NOT-FOR-PROFIT PRIVATE AGEN-
 CIES OR PUBLIC AGENCIES THAT ARE LICENSED AFFILIATES OF YOUTHBUILD  USA,

 S. 839--A                           4
 
 INC. OR CURRENTLY RECEIVE A UNITED STATES DEPARTMENT OF LABOR YOUTHBUILD
 AWARD,  ARE ELIGIBLE TO USE THE TERM YOUTHBUILD OR ELIGIBLE TO APPLY FOR
 THESE FUNDS.
   6.  THE  COMMISSIONER SHALL REQUIRE APPLICANTS FOR YOUTHBUILD FUNDS TO
 INCLUDE VARIOUS  INFORMATION  ON  THE  APPLICANT'S  PROGRAMS  AND  SHALL
 PROMULGATE REGULATIONS OUTLINING INFORMATION REQUIRED ON SUCH APPLICANT.
 PROVIDED, HOWEVER, THAT AT A MINIMUM SUCH APPLICATION SHALL INCLUDE:
   A. A REQUEST FOR AN IMPLEMENTATION GRANT, SPECIFYING THE AMOUNT OF THE
 GRANT REQUESTED AND ITS PROPOSED USES;
   B.  A  DESCRIPTION  OF THE APPLICANT AND A STATEMENT OF ITS QUALIFICA-
 TIONS, INCLUDING  A  DESCRIPTION  OF  THE  APPLICANT'S  PAST  EXPERIENCE
 RUNNING  A YOUTHBUILD PROGRAM, AND ITS EXPERIENCE WITH HOUSING REHABILI-
 TATION OR CONSTRUCTION AND WITH YOUTH AND YOUTH EDUCATION, YOUTH LEADER-
 SHIP DEVELOPMENT AND OTHER WORK EXPERIENCE SKILLS TRAINING PROGRAMS, AND
 ITS RELATIONSHIP WITH LOCAL UNIONS AND  YOUTH  APPRENTICESHIP  PROGRAMS,
 AND OTHER COMMUNITY GROUPS; AND
   C.  A DESCRIPTION OF THE EDUCATIONAL AND WORK EXPERIENCE SKILLS TRAIN-
 ING ACTIVITIES, WORK OPPORTUNITIES, AND OTHER  SERVICES  THAT  SHALL  BE
 PROVIDED TO PARTICIPANTS.
   §  4. This act shall take effect one year after it shall have become a
 law.